• Can I decide my case has been solved

Hi I'm Nazeer, my 498a case has been settled in lok Adalat by both sides by taking an agreement copy & we got the order copy also according to that,it happened two years back, but I approach for second marriage but they are saying that it is not valid even though I shown my order given by lok Adalat..
Asked 10 days ago in Family Law
Religion: Muslim

10 answers received in 1 day.

Lawyers are available now to answer your questions.

11 Answers

498 A may have been disposed of but your marriage is still subsisting until dissolved 

 

necessary to peruse order passed by Lok adalat to advice further 

Ajay Sethi
Advocate, Mumbai
82671 Answers
5249 Consultations

5.0 on 5.0

The compromise award/decree obtained from Lokadalat is final and absolute, it cannot be challenged even in Supreme Court. Section 22E of Legal Services Authority Act, 1987 declares such award as final. Show them the provision of above law.

Ravi Shinde
Advocate, Hyderabad
1007 Answers
8 Consultations

5.0 on 5.0

-    498A case is different, divorce case is different.


-    With 498A, you took Divorce also ?

If yes, then lok adalat order is final.

You have to show them divorce decree.


-    Lok Adalat order can not be challenged even in SC.

Ankur Goel
Advocate, Bangalore
311 Answers

4.9 on 5.0

- Since there is an FIR under section 498A against you , then it can be cancelled after filing a petition of quash before the High court on the ground of settlement in the Lok Adalat. 

- Further , if there is not divorce taking place , then for doing second marriage the consent of first wife is necessary .

Mohammed Shahzad
Advocate, Delhi
7062 Answers
73 Consultations

5.0 on 5.0

The said case needs to be quashed in HC as its non compoundable case and cannot be settled in lokadalat

Prashant Nayak
Advocate, Mumbai
23442 Answers
49 Consultations

4.4 on 5.0

Dear Sir, 

1. as per the facts of the case, the FIR under section 498A has been quashed through Lok Adalat. 

2. the marriage has not been disposed of and neither has divorce taken place. 

3. in such a case, you will need the permission of the first wife for second marriage. 

Thank You

  • For further assistance, you can book a consultation with me. 
  • If you liked my answer, please give a good rating and leave a review. 

 

Anik Miu
Advocate, Bangalore
1516 Answers
18 Consultations

5.0 on 5.0

Dear Sir

You have to share such order on that legal opinion. Normally if charge sheet is filed then you have to go to High court and get it quashed under section 482 of CRPC.

Kishan Dutt Kalaskar
Advocate, Bangalore
5897 Answers
297 Consultations

4.8 on 5.0

The disposal of 498a case will not be termed as dissolution of your previous marriage.

You should have followed the procedures for dissolving your marriage as per law.

Further in the 498a case, the trial court should have discharged you from the case on the basis of the lok adalat order, yo maty contact your advocate and ask him to file a memo before the concerned trial court and seek for an order by tht court to discharge you from the case.

 

T Kalaiselvan
Advocate, Vellore
72756 Answers
1110 Consultations

5.0 on 5.0

You had a case registered against you but it was settled. Was the divorce done? If not then you cannot do a second marriage.

Rahul Mishra
Advocate, Lucknow
12649 Answers
31 Consultations

5.0 on 5.0

1. Mere compounding of 498A does not lead to dissolution of marriage.

2. Being a Muslim you are free to marry again under Shariah.

Ashish Davessar
Advocate, Jaipur
30635 Answers
893 Consultations

5.0 on 5.0

Hey,

498A case being settled by lok adalat agreement doesn't have powers to dissolve marriage. That has to be done by the family court. Had you already filed for divorce which was settled by mutual consent divorce or something? Then, that is a different case. Otherwise, you have to get a divorce decree from a family court of your jurisdiction. 

Sanjay Narayandas
Advocate, Hyderabad
51 Answers

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer